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Introduction

Failure to comply with this Acceptable Use Policy will result in the immediate suspension or termination of the Service, in accordance with the respective supply conditions. All requests for information regarding the content of this document shall be made by opening a ticket on webhosting.com.my

Breaches

It is forbidden to use the RapidCloud network and services to engage in and/or promote illegal, abusive or irresponsible behaviour, including:

unauthorised access or unauthorised use of data, systems or networks, including any attempt to probe, examine or test the vulnerability of a system or network or to breach the security or authentication measures without the express authorisation of the owner of the system or network;

putting in place or engaging in activities that interfere with the use of the Service by any user thereof, including but not limited to attacks using pirated software, cracks, key generators, serials, any type of cyberattacks including DOS attacks, viruses or other harmful components or deliberate attempts to overload a transmission system;

creating situations of danger and/or instability and/or other technical problems following programming activities and/or means of use which have an impact on the quality of service of the customer or other customers, causing damage to customers, to Aruba and/or to third parties;

collecting or using email addresses, names or other identifiers without the consent of the person concerned (including, without limitation, spam, phishing, internet scams, password theft and spidering);

collecting or using third party information without the consent of the owner of the information;

using and/or disseminating any false, misleading or deceptive information, including but not limited to the use of email or newsgroups;

using the service for the distribution of software that fraudulently collects information about a user or fraudulently transmits user information;

using the software distribution service known as "adware" unless:

(i) in possession of explicit user permission to download and install the software on the basis of a clear and conspicuous notice on the nature of the software;

(ii) it is software that can be easily removed using standard tools for this purpose included as part of the main operating systems (such as, by way of example, Microsoft "add/ remove programs");

installing applications available online which could cause disruptions to the service or the infrastructure

offering information to the public (textual or graphic) which is harmful to RapidCloud's image through the services provided;

using RapidCloud Services to offer anonymous communication systems, without adequate preservation of identities according to that required by current legislation, including, but not limited to, so-called "TOR" or "anonymizer".

Use of the system's resources

Users shall not be permitted either to use the service in a manner that interferes with the normal operation of RapidCloud services or make improper use of the system resources, including, but not limited to, the use of software that exhausts the performance capacity of the network, disk system and CPU on a shared platform (for example, cloud, hosting and email services, etc.) for prolonged time periods, other than for those services offered by RapidCloud on a dedicated basis or with 100% guarantee (including, but not limited to, dedicated servers and private clouds).

In such circumstances RapidCloud may ask for operations to be restored to normal where such use is, at its sole discretion, in conflict with the use of the other users. The users shall not use equipment which is defective or non-compliant with certfiable standards or which has malfunctions that can damage the integrity of the network and/or disrupt the Services and/or create risks to the physical safety of people.

RapidCloud does not actually guarantee the compatibility of the equipment and programs (hardware and software) used by the Customer to make use of the services, as all respective checks are the exclusive responsibility of the Customer. Furthermore, the User shall not use any web space, virtual machine, dedicated servers, co-location services, cloud resources, networking resources subscribed from RapidCloud as a film/videos repository and/or material not belonging to the User and/or downloadable also from other sites.

Marketing emails

The dissemination of marketing messages is prohibited unless it can be demonstrated that:

the recipients have given their prior consent to receive email messages via an express opt-in procedure;

the procedures for collecting consent include appropriate tools to ensure that the consenting person is the holder of the email address for which consent was provided;

proof of the recipient's consent is kept in a form that may be readily produced upon request, with the person receiving requests from RapidCloud being required to produce such proof of consent within 72 hours of receipt of the respective request;

procedures have been implemented which enable a recipient to revoke their consent, including but not limited to a link in the body of the email or instructions to reply with the word "Remove" in the subject line, and it is possible to comply with withdrawal of consent within 48 hours of receipt, informing recipients that the withdrawal of their consent will be processed within a maximum of 48 hours;

• an email address for complaints is always displayed in a clearly visible location on each website associated with the email, and messages sent to this address are promptly checked.

It is not permitted to hide the sender of the email in any way. The sender's email address must appear in the body of the message or in the "From" field of the email. These provisions apply to messages sent via the Service, or to messages sent from any network by the user or by any person on their behalf that directly or indirectly refer to the recipient of a site hosted through the Services. In addition, “third party” email services may not be used if they do not apply similar procedures to all of their customers.

These requirements apply to the same extent to distribution lists created by third parties as if the list had been created by the Customer. RapidCloud reserves the right to check and monitor compliance with the provisions listed above at any time, including by means of a request for information with a sample through an opt-in method. RapidCloud may suspend the transmission of email messages which breach these provisions.

SMTP Authentication - Policy

In addition to the above provisions, it is not permitted to send email messages with similar content to more than two hundred and fifty (250) recipients via the RapidCloud SMTP servers. Attempts to circumvent this limitation by creating multiple accounts or by any other means shall be construed as a breach of this restriction. RapidCloud reserves the right to suspend the transmission of messages that violate these provisions. Furthermore, mail services may be suspended or terminated if this Acceptable Use Policy is deemed to have been breached, in accordance with the general conditions of supply.

Mail Relay

In general it is not permitted to conduct bulk mail transmissions or transmissions of marketing information by email with a volume of more than 5,000 (five thousand) users per day with an average of 250 messages every 30 minutes. Customers wishing to send more than 5,000 messages per day must contact our support team for further information.

Vulnerability testing

The user shall not in any way attempt to probe, investigate, penetrate or test the vulnerability of the RapidCloud network system or breach the security of RapidCloud or its authentication procedures, either using passive or invasive techniques, without the express written consent of RapidCloud, nor may it perform these activities using the service provided by RapidCloud in respect of the networks and/or information of third parties without their express consent.

Agreements

RapidCloud’s policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, RapidCloud’s policies and procedures are subject to change.

In the course of serving its customers, RapidCloud acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information – such as the customer’s name, address, telephone number, and credit card data – is provided to RapidCloud by its customers in order to establish service. Other information – such as the customer’s account status, choice of services, and customer logs – is created and maintained by RapidCloud in the normal course of providing service. RapidCloud also uses cookies, which are small pieces of information that a web site can store in a designated file on a user’s computer for various reasons. For example, RapidCloud uses cookies on the landing pages of products sold online which record the customer information that is required on the order form. This information is then forwarded to an internal sales tracking database within RapidCloud. In addition, RapidCloud may store customers’ electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

Data Security

RapidCloud will protect the confidentiality of its customers’ information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of RapidCloud, its partners, its employees and other customers of RapidCloud’s services. To protect the loss, misuse, and alteration of information that is collected from customers, RapidCloud has appropriate physical, electronic, and managerial procedures in place.

Disclosure of customer information and communications

RapidCloud will not otherwise disclose its customers’ personal and account information unless RapidCloud has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of RapidCloud, RapidCloud’s customers, or others, or where RapidCloud has a good faith belief that the law requires such disclosure.

RapidCloud also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that RapidCloud stores or transmits for its customers. The circumstances under which RapidCloud will disclose such electronic customer communications are when:

  • it is necessary in order to provide service to the customer;
  • it is necessary to protect the legitimate interests of RapidCloud and its customers;
  • it is required to cooperate with interception orders, warrants, or other legal process that RapidCloud determines in its sole discretion to be valid and enforceable; and
  • it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by RapidCloud and appear to pertain to the commission of a crime.

RapidCloud disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. RapidCloud will, however, review, delete or block access to communications that may harm RapidCloud, its customers or third parties. The grounds on which RapidCloud may take such action include, but are not limited to, actual or potential violations of RapidCloud’s Acceptable Use Policy.